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(continued)
(e) If the watercourse crossing involves a culvert, the minimum diameter shall be stated in the THP and the culvert shall be of a sufficient length to extend beyond the fill material.
(f) Consistent with the protection of water quality, exceptions may be provided through the Fish and Game Codes and shall be indicated in the plan.
(g) The amendments to 14 CCR s 934.8 that became effective July 1, 2000 shall expire on December 31, 2007.
Note: Authority cited: Sections 4551, 4551.5 and 4553, Public Resources Code. Reference: Sections 4512, 4513, 4527, 4562.5, 4562.7, and 4582, Public Resources Code.
s 934.9. Alternatives to Standard Rules.
(a) Alternative practices may be developed by the RPF on a site-specific basis provided the following conditions are complied with and the alternative practices will achieve environmental protection at least equal to that which would result from using measures stated in Sections 934.1-934.8.
(1) Environmental impacts with potential for significant adverse effects on the beneficial uses of water, on the residual timber, and on the soil productivity are identified and measures proposed to mitigate such impacts are included in an approved THP. The THP shall also contain a clear statement as to why alternative harvesting and erosion control measures are needed.
(2) The alternative practice(s) must be explained in sufficient detail and standards provided in the THP so that they can be adequately evaluated and enforced by the Director and implemented by the licensed timber operator.
(3) On a THP in which alternatives covering harvesting and erosion control measures have been incorporated, the timber operator shall agree to the alternative specifications by signing and filing with the Director a copy of the plan, the amended plan or a facsimile thereof, prior to beginning or continuing operations on the portion of the plan to which the alternatives apply.
(b) The Director shall not accept for inclusion in a THP alternative harvesting and erosion control measures proposes under this section which do not meet the standard of subsection (a) of this section. In the event that there is more than one written negative position showing that the alternative practices does (do) not meet the standard of subsection (a) received from among the agencies listed in 14 CCR 1037.3 and the Department of Forestry, which participated in the review of the plan including on-the-ground inspection, the Director shall reject the proposed alternative.
(c) Alternative practices stated in an approved THP shall have the same force and authority as those practices required by the standard rule.
s 935. Purposes.
Site preparation shall be planned and conducted in a manner which encourages maximum timber productivity, minimizes fire hazard, prevents substantial adverse effects to soil resources and to fish and wildlife habitat, and prevents degradation of the quality and beneficial uses of water. The following provisions shall be applied in a manner which complies with this standard.
Note: Authority cited: Sections 4551, 4551.5 and 4551.7, Public Resources Code. Reference: Sections 4512, 4513, 4527, 4551.5, 4551.7, 4562.5 and 4562.7, Public Resources Code.
s 935.1. Use of Heavy Equipment for Site Preparation.
(a) Use of heavy equipment for site preparation shall comply with the provisions set forth in 14 CCR 934.2.
(b) Heavy equipment shall not be used for site preparation under saturated soil conditions or when it cannot operate under its own power due to wet conditions.
(c) Watercourse crossings for heavy equipment shall be planned, constructed, maintained, and removed in accordance with the requirements for tractor roads in 14 CCR Section 934.8.
(d) Undisturbed areas or energy dissipators shall be used to control and disperse concentrated runoff from roads, landings, tractor roads, firebreaks and erosion control facilities where it flows into site preparation areas.
Note: Authority cited: Sections 4551, 4551.5 and 4551.7, Public Resources Code. Reference: Sections 4512, 4513, 4527, 4551.5, 4551.7, 4562.5 and 4562.7, Public Resources Code.
s 935.2. Treatment of Vegetative Matter.
(a) Piling, burning, and other treatment of snags, slash and vegetative matter and protection of desirable residual trees during site preparation shall comply with 14 CCR Sections 937 through 937.7.
(b) Broadcast burning shall not fully consume the largest organic debris which retains soil on slopes and stabilizes watercourse banks. The Director may approve exceptions to individual requirements when such exceptions are explained and justified in the THP and the exceptions would provide for the protection of the beneficial uses of water or control erosion to a standard at least equal to that which would result from application of the standard rule.
Note: Authority cited: Sections 4551, 4551.5 and 4551.7, Public Resources Code. Reference: Sections 4512, 4513, 4527, 4551.5, 4551.7, 4562.5 and 4562.7, Public Resources Code.
s 935.3. Protection of Natural Resources.
(a) Site preparation activities shall comply with the watercourse and lake protection requirements in 14 CCR Article 6, and 937.3(d).
(b) Site preparation activities shall comply with the wildlife and habitat protection provisions of 14 CCR Article 9.
(c) Site preparation shall be performed in a manner which does not deleteriously affect species which are threatened, endangered, or designated by the Board as species of special concern. The director may allow exceptions to this standard, if explained and justified in the plan, after consultation with the Department of Fish and Game pursuant to the California Endangered Species Act (F&G Code 2050-2098).
Note: Authority cited: Sections 4551, 4551.5 and 4551.7, Public Resources Code. References Sections 4512, 4513, 4527, 4551.5, 4551.7, 4562.5 and 4562.7, Public Resources Code.
s 935.4. Site Preparation Addendum.
Where site preparation will occur on the logging area, the THP shall incorporate a site preparation addendum which includes the following information:
(a) Whether site preparation will be required to meet stocking.
(b) The general methods of site preparation to be used.
(c) The types of equipment (if any) to be used for mechanical site preparation and firebreak construction.
(d) The methods for protecting any desirable residual trees in accordance with 14 CCR 937.7.
(e) Explanations and justifications for any exceptions or alternatives to the standard rules.
(f) A map identifying the boundaries of site preparation areas, if different from logging area boundaries, and distinguishing areas by type of site preparation activity.
(g) The name, address, and telephone number of the person responsible for conduct of site preparation activities shall be provided prior to conducting site preparation activities.
(h) The estimated timing of site preparation operations.
Note: Authority cited: Sections 4551, 4551.5 and 4551.7, Public Resources Code. Reference: Sections 4512, 4513, 4527, 4551.5, 4551.7, 4562.5 and 4562.7, Public Resources Code.
s 935.5. Erosion Control, Winter Period.
s 935.6. Timber Harvesting.
s 936. Intent of Watercourse and Lake Protection.
The purpose of this article is to ensure that the beneficial uses of water, native aquatic and riparian species, and the beneficial functions of riparian zones are protected from potentially significant adverse site-specific and cumulative impacts associated with timber operations.
It is the intent of the Board to restore, enhance, and maintain the productivity of timberlands while providing equal consideration for the beneficial uses of water. Further, it is the intent of the Board to clarify and assign responsibility for recognition of potential and existing impacts of timber operations on watercourses and lakes, native aquatic and riparian-associated species, and the beneficial functions of riparian zones and to ensure adoption of feasible measures to effectively achieve compliance with this article. Further, it is the intent of the Board that the evaluations that are made, and the measures that are taken or prescribed, be documented in a manner that clearly and accurately represents those existing conditions and those measures. "Evaluations made" pertain to the assessment of the conditions of the physical form, water quality, and biological characteristics of watercourses and lakes, including cumulative impacts affecting the beneficial uses of water on both the area of planned logging operations and in the Watershed Assessment Area (WAA). "Measures taken" pertain to the procedures used or prescribed for the restoration, enhancement, and maintenance of the beneficial uses of water.
All provisions of this article shall be applied in a manner, which complies with the following:
(a) During and following timber operations, the beneficial uses of water, native aquatic and riparian-associated species, and the beneficial functions of riparian zones shall be maintained where they are in good condition, protected where they are threatened, and insofar as feasible, restored where they are impaired.
(b) Protection of the quality and beneficial uses of water during the planning, review, and conduct of timber operations shall comply with all applicable legal requirements including those set forth in any applicable water quality control plan adopted or approved by the State Water Resources Control Board. At a minimum, the LTO shall not do either of the following during timber operations:
(1) Place, discharge, or dispose of or deposit in such a manner as to permit to pass into the waters of the state, any substances or materials, including, but not limited to, soil, silt, bark, slash, sawdust, or petroleum, in quantities deleterious to fish, wildlife, beneficial functions of riparian zones, or the quality and beneficial uses of water;
(2) Remove water, trees or large woody debris from a watercourse or lake, the adjacent riparian area, or the adjacent flood plain in quantities deleterious to fish, wildlife, beneficial functions of riparian zones, or the quality and beneficial uses of water.
(c) Protecting and restoring native aquatic and riparian-associated species, the beneficial functions of riparian zones and the quality and beneficial uses of water shall be given equal consideration as a management objective within any prescribed WLPZ and within any ELZ or EEZ designated for watercourse or lake protection.
(d) The measures set forth in this Section are meant to enforce the public's historical and legal interest in protection for wildlife, fish, and water quality and are to be used to guide timberland owners in meeting their legal responsibilities to protect public trust resources.
(e) The amendments to 14 CCR ss 936 that became effective July 1, 2000 shall expire on December 31, 2007.
Note: Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 4512, 4513, 4551.5, 4552, 4562.5, 4562.7, 21001(b)(f), 21002 and 21002.1, Public Resources Code; and Sections 100, 1243, 1243.5, 13001, 13050(f), 13146 and 13247, Water Code.
s 936.1. In Lieu Practices.
In rule sections where provision is made for site specific practices to be approved by the director and included in the THP in lieu of a stated rule, the RPF shall reference the standard rule, shall explain and describe each proposed practice, how it differs from the standard practice, and the specific locations where it shall be applied; and shall explain and justify how the protection provided by the proposed practice is at least equal to the protection provided by standard rule.
(a) The in lieu practice(s) must provide for the protection of the beneficial uses of water to the standards of 14 CCR 916.3 and 916.4(b).
(b) In lieu practices stated in an approved THP shall have the same enforceability and legal authority as those practices required by the standard rules.
(c) Any in lieu practices which propose less than standard rule WLPZ widths for Class I watercourses shall include 14 CCR (936.5(e)) "A" & "D" protection measures.
Note: Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 4512, 4513, 4551.5, 21001(b)(f), 21002 and 21002.1, Public Resources Code; and 33 USC Section 1288(b)(2)(F).
s 936.2. Protection of the Beneficial Uses of Water and Riparian Functions.
(a) The measures used to protect each watercourse and lake in a logging area shall be determined by the presence and condition of the following values:
(1) The existing and restorable quality and beneficial uses of water as specified by the applicable water quality control plan and as further identified and refined during preparation and review of the plan.
(2) The restorable uses of water for fisheries as identified by the DFG or as further identified and refined during preparation and review of the plan.
(3) Riparian habitat that provides for the biological needs of native aquatic and riparian-associated species as specified in 14 CCR 936.4(b).
(4) Sensitive conditions near watercourses and lakes as specified in 14 CCR 936.4(a).
These values shall be protected from potentially significant adverse impacts from timber operations and restored to good condition, where needed, through a combination of the rules and plan-specific mitigation. The RPF shall propose and the Director may require, adequate protection of overflow and changeable channels which are not contained within the channel zone.
(b) The State's waters are grouped into four classes based on key beneficial uses. These classifications shall be used to determine the appropriate minimum protection measures to be applied during the conduct of timber operations. The basis for classification (characteristics and key beneficial uses) are set forth in 14 CCR 936.5, Table 1 and the range of minimum protective measures applicable to each class are contained in 14 CCR 936.3, 936.4, and 936.5.
(c) When the protective measures contained in 14 CCR 936.5 are not adequate to provide protection to beneficial uses, feasible protective measures shall be developed by the RPF or proposed by the Director under the provisions of 14 CCR 936.6, Alternative Watercourse and Lake Protection, and incorporated in the plan when approved by the Director.
(d) The amendments to 14 CCR s 936.2 that became effective July 1, 2000 shall expire on December 31, 2007.
Note: Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 751, 4512, 4513, 4551.5, 21000(g), 21001(b) and 21002.1, Public Resources Code; Sections 100, 1243 and 3050(f), Water Code; and Sections 1600 and 5650(c) Fish and Game Code.
s 936.3. General Limitations near Watercourses, Lakes, Marshes, Meadows and Other Wet Areas.
The quality and beneficial uses of water shall not be unreasonably degraded by timber operations. During timber operations, the timber operator shall not place, discharge, or dispose of or deposit in such a manner as to permit to pass into the water of this state, any substances or materials, including, but not limited to, soil, silt, bark, slash, sawdust, or petroleum, in quantities deleterious to fish, wildlife, or the quality and beneficial uses of water. All provisions of this article shall be applied in a manner which complies with this standard.
(a) When there is reasonable expectation that slash, debris, soil, or other material resulting from timber operations, falling or associated activities, will be deposited in Class I and Class II waters below the watercourse or lake transition line or in watercourses which contain or conduct Class IV water, those harvest activities shall be deferred until equipment is available for its removal, or another procedure and schedule for completion of corrective work is approved by the Director.
(b) Accidental depositions of soil or other debris in lakes or below the watercourse or lake transition line in waters classed I, II, and IV shall be removed immediately after the deposition or as approved by the director.
(c) The timber operator shall not construct or reconstruct roads, construct or use tractor roads or landings in Class I, II, III or IV watercourses, in the WLPZ, marshes, wet meadows, and other wet areas unless explained and justified in the THP by the RPF, and approved by the Director, except as follows:
(1) At prepared tractor road crossings as described in 934.8(b).
(2) Crossings of Class III watercourses which are dry at the time of timber operations.
(3) At existing road crossings.
(4) At new tractor and road crossings approved as part of the Fish and Game Code process (F&GC 1600 et seq.)
Use of existing roads is addressed in 936.4(a).
(d) Vegetation, other than commercial species, bordering and covering meadows and wet areas shall be retained and protected during timber operations unless explained and justified in the THP and approved by the director. Soil within the meadows and wet areas shall be protected to the maximum extent possible.
(e) Trees cut within the WLPZ shall be felled away from the watercourse by pulling or other mechanical methods if necessary, in order to protect the residual vegetation in the WLPZ. Exceptions may be proposed in the THP and used when approved by the director.
(f) Where less than 50% canopy exists in the WLPZs of Class I and II waters before timber operations, only sanitation salvage which protects the values described in 14 CCR 936.4(b) shall be allowed.
(g) Recruitment of large woody debris for instream habitat shall be provided by retaining at least two living conifers per acre at least 16 inches diameter breast high and 50 feet tall within 50 feet of all Class I and II watercourses.
Note: Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 4512, 4513, 4551.5 and 21001(f), Public Resources Code; 40 CFR 35.1505; and 33 USC Section 1288(b)(2)(F).
s 936.4. Watercourse and Lake Protection.
(a) The RPF or supervised designee shall conduct a field examination of all lakes and watercourses and shall map all lakes and watercourses which contain or conduct Class I, II, III or IV waters.
(1) As part of this field examination, the RPF or supervised designee shall evaluate areas near, and areas with the potential to directly impact, watercourses and lakes for sensitive conditions including, but not limited to, existing and proposed roads, skidtrails and landings, unstable and erodible watercourse banks, unstable upslope areas, debris, jam potential, inadequate flow capacity, changeable channels, overflow channels, flood prone areas, and riparian zones wherein the values set forth in 14 CCR ss 936.4(b) are impaired. The RPF shall consider these conditions, and those measures needed to maintain, and restore to the extent feasible, the functions set forth in 14 CCR ss 936.4(b), when proposing WLPZ widths and protection measures. The plan shall identify such conditions, including where they may interact with proposed timber operations, that individually or cumulatively significantly and adversely affect the beneficial uses of water, and shall describe measures to protect and restore to the extent feasible, the beneficial uses of water. In proposing, reviewing, and approving such measures, preference shall be given to measures that are on-site, or to offsite measures where sites are located to maximize the benefits to the impacted portion of a watercourse or lake.
(2) As part of this field examination, the RPF or supervised designee shall map the location of spawning and rearing habitat for anadromous salmonids, and the condition of the habitat shall be evaluated using habitat typing that at a minimum identifies the pool, flatwater, and riffle percentages. The opportunity for habitat restoration shall be described within the plan for each Class I watercourse, and for each Class II watercourse that can be feasibly restored to a Class I.
(3) The mapping of conditions identified in subsection (a)(1) and (a)(2) above, and their protective measures, shall be sufficiently clear and detailed to permit the Director and the other review team representatives to evaluate the potential environmental impacts of timber operations, the proposed mitigation measures and the proposed restoration measures.
(4) The mapping of conditions identified in subsection (a)(1) and (a)(2) above, and their protective measures, shall be sufficiently clear and detailed to provide direction and clear guidance to the timber operator.
(5) The mapping of conditions identified in 14 CCR s 936.4 subsections (a)(1) and (a)(2), and their protective and restoration measures, should be done at a scale of 1:2,400. In site-specific cases, the mapping of critical locations of corrective work and logging operation impacts shall be done at a scale of at least 1:240 when the Director determines it is necessary to evaluate the plan.
(6) One set of photocopies of recent stereo aerial photographs of the plan area may be required by the Director.
(b) The standard width of the WLPZ and/or the associated basic protection measures shall be determined from Table I (14 CCR 936.5), or Section 956.4(c), and shall be stated in the plan. A combination of the rules, the plan, and mitigation measures shall provide protection for the following:
a. Water temperature control.
b. Streambed and flow modification by large woody debris.
c. Filtration of organic and inorganic material.
d. Upslope stability.
e. Bank and channel stabilization.
f. Spawning and rearing habitat for salmonids
g. Vegetation structure diversity for fish and riparian wildlife habitat, possibly including but not limited to,
1. Vertical diversity
2. Migration corridor
3. Nesting, roosting, and escape
4. Food abundance
5. Microclimate modification
6. Snags
7. Surface cover
(1) Measures and the appropriate zone widths for the protection of the State's waters which have been taken from Table I (14 CCR 936.5) or developed under Section 936.4(c) shall be stated in the THP.
(2) All timber operations shall conform to the marking, flagging and other identification of protective measures specified in CCR 936.4 and 936.5 and the THP. Conformance shall be determined based on the evaluation of no less than a 200 foot lineal segment of each watercourse or lake.
(3) The width of the WLPZ shall be measured along the surface of the ground from the watercourse or lake transition line or in the absence of riparian vegetation from the top edge of the watercourse bank.
(4) Slopes shall be measured in percent for the proposed WLPZ. If topography within the proposed WLPZ is variable, segments of the proposed WLPZ should be segregated by slope class as indicated in Table I, 14 CCR 936.5.
(5) If requested by either party, and after on-the-ground inspection, the RPF and the Director may increase or decrease the width of a proposed WLPZ. A decrease shall not exceed 25 percent of the width as determined by the procedure prescribed in Sections 14 CCR 936.4(c), and 936.5. Such changes in zone width shall be based on considerations of soil, slope, biologic, hydrologic, and geologic values listed in Section 14 CCR 936.4(b), silvicultural methods, yarding systems, road location, and site preparation activities. In no case shall the width be adjusted to less than 50 feet for Class I and II waters. Where soil surfaced roads exist within the standard WLPZ, no in-lieu reduction of WLPZ width shall be approved.
(6) Within the WLPZ, at least 75 percent surface cover and undisturbed area shall be retained to act as a filter strip for raindrop energy dissipation, and for wildlife habitat.
This percentage may be adjusted to meet site specific conditions when proposed by the RPF and approved by the Director or where broadcast burning is conducted under the terms of a project type burning permit and in compliance with 14 CCR 935.2(b).
(c) The protection and WLPZ widths for Class III and Class IV waters shall prevent the degradation of the downstream beneficial use of water and shall be determined on a site-specific basis.
(1) Where operations occur adjacent to Class III watercourses, the RPF shall designate in the THP an equipment limitation zone (ELZ) of at least 25 feet where sideslope steepness is less than 30% and at least 50 feet where sideslope steepness is 30% or greater unless explained and justified otherwise in the THP and approved by the director. Class III watercourses within logging areas where the EHR is Low and the slopes are less than 30% shall not require an ELZ unless proposed by the RPF or required by the Director. The RPF shall describe the limitations on the use of heavy equipment in the THP. Where appropriate to protect the beneficial uses of water the RPF shall describe additional protection measures which may include surface cover retention, vegetation protection and timber falling limitations. The location of the areas of heavy equipment use in any ELZ shall be clearly described in the plan, or flagged or marked on the ground before the preharvest inspection. When necessary to protect the beneficial use of water, the RPF shall designate and the Director may require a WLPZ for Class III and Class IV waters or an ELZ for Class IV waters.
(2) The width of the WLPZ for Class III and Class IV waters shall be determined from on-site inspection. Minimum protective measures required when Class III and Class IV protection zones are necessary are contained in Table I 14 CCR 936.5.
(3) Soil deposited during timber operations in a Class III watercourse other than at a temporary crossing shall be removed and debris deposited during timber operations shall be removed or stabilized before the conclusion of timber operations, or before October 15. Temporary crossings shall be removed before the winter period, or as approved by the Director.
(4) When approved by the Director on an individual plan basis as provided in Section 14 CCR 936.4(c)(1) Class IV waters shall be exempted from required protection when such protection is inconsistent with the management objectives of the owner of the manmade watercourse.
(d) Heavy equipment shall not be used in timber falling, yarding, or site preparation within the WLPZ unless such use is explained and justified in the THP, and approved by the Director.
(e) Flagging for heavy equipment use within the WLPZ adjacent to Class I waters and for all tractor road watercourses crossings of all watercourses must be completed before the preharvest inspection, if one is conducted or start of operations, whichever comes first. Flagging for heavy equipment use within the WLPZ adjacent to Class II, III and IV waters may be done at the option of the RPF or as required by the director on a site-specific basis.
(f) Subsection (d) does not apply to (1)-(4) below. Subsection (e) does not apply to (2)-(4) below.
(1) At prepared tractor road crossings as described in 934.8(b).
(2) Crossings of Class III watercourses which are dry at the time of timber operations.
(3) At existing road crossings.
(4) At new tractor and road crossings approved as part of the Fish and Game Code process (F&GC 1600 et. seq.)
Note: Authority cited: Sections 4551, 4553, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 4512, 4513, 4551.5 and 21001(f), Public Resources Code; Sections 1600 and 5650(c), Fish and Game Code; Sections 100, 13000 and 13050(f), Water Code; and 33 USC Section 1288(b)(2)(F).
s 936.5. Procedure for Determining Watercourse and Lake Protection Zone (WLPZ) Widths and Protective Measures.
The following procedure for determining watercourse and lake protection zone (WLPZ) widths and protective measures. The following procedure for determining WLPZ widths and protective measures shall be followed:
(a) The following information shall be determined from field investigation:
(1) The location of all lakes and watercourses including man made watercourses.
(2) The existing and restorable beneficial uses of the waters to be protected as identified in subsection (1) above.
(3) The side slope classes for the individual class waters to be protected (e.g. < 30%, 30-50%,), where side slope is measured from the watercourse or lake transition line to a point 100 feet upslope from the watercourse or lake transition line, or, in the absence of riparian vegetation, from the top of the watercourse bank. Where slope configurations are variable, a weighted average method shall be used to determine sideslope percent.
TABLE I -14 CCR 936.5 PROCEDURES FOR DETERMINING WATERCOURSE AND LAKE
PROTECTION ZONE WIDTHS AND PROTECTIVE MEASURES [FN1]
Water Class 1) Domestic 1) Fish No aquatic Man-made
Characteristics supplies on always or life watercourses,
or key site and/or seasonally present, usually
indicator within 100 present watercourse downstream
Beneficial Use feet offsite showing established
downstream within evidence of domestic,
of the 1,000 feet being agricultural,
operations downstream capable of hydro-electric
area and/or and/or sediment supply, or
transport other
downstream beneficial
to waters use.
under
normal high
water flow
conditions
after
completion
of timber
operations.
2) Fish 2)Aquatic
always or habitat
seasonally for
pre-sent non-fish
onsite aquatic
includes species.
habitat to
sustain
fish
migration
and
spawning
3)Excludes
Class III
waters
that are
tributary
to Class I
waters.
WATER CLASS I CLASS II CLASS III CLASS IV
CLASS
SLOPE WIDTH PROTECTION WIDTH PROTECTION WIDTH WIDTH
CLASS PROTECTION PROTECTION
(%)
FEET MEASURE FEET MEASURE FEET MEASURE FEET MEASURE
See 936.4(c) See 936.4(c)
<30 75 BDG 50 BEI See CFH See CFI
30-50 100 BDG 75 BEI See CFH See CFI
>50 150 ADG 100 BEI See CFH See CFI
[FN2] [FN3]
FN1 See Section 916.5(e) for letter designations applicable to this table.
FN2 Subtract 50 feet width for cable yarding operations
FN3 Subtract 25 feet width for cable yarding operations
(b) The beneficial uses noted from the field investigations in subsection (a) shall be compared to the characteristics or key beneficial uses listed in Row 1 of Table I (14 CCR 936.5) to determine the water classes (e.g. I, II, III, IV, Row 2).
(c) The standard protection zone width differentiated by slope classes determined in subsection (a) are shown in Rows 4-7, Table I (14 CCR 936.5). These widths may be modified as stated in 14 CCR 936.4(b)(5).
(d) The alphabetical letter designations A through I in Rows 4-7, Table 1 14 CCR 936.5, and described in subsection (e) to Table I indicate the standard protective measures to be applied to the classes of water as determined in subsection (b) above.
(e) The letter designations shown in the "Protective Measures and Widths" column in Table I correspond to the following:
"A" WLPZ shall be clearly identified on the ground by the RPF who prepared the plan, or supervised designee, with paint, flagging, or other suitable means prior to the preharvest inspection.
"B" WLPZ shall be clearly identified on the ground by an RPF or supervised designee, with paint, flagging, or other suitable means, prior to the start of timber operations.
"C" In site-specific cases, the RPF may provide in the plan, or the director may require, that the WLPZ be clearly identified on the ground with flagging or by other suitable means prior to the start of timber operations.
"D" To ensure retention of shade canopy filter strip properties of the WLPZ and the maintenance of a multi-storied stand for protection of values described in 14 CCR 916.4(b), a base mark below the cutline of residual or harvest trees within the zone shall be done in advance of preharvest inspection by the RPF or supervised designee. Sample marking is satisfactory in those cases where the Director determines it is adequate for plan evaluation. When sample marking has been used, all marking shall be done in advance of falling operations within the WLPZ.
"E" To ensure retention of shade canopy filter strip properties and the maintenance of wildlife values described in 14 CCR 916.4(b), a base mark shall be placed below the cut line of the residual or harvest trees within the zone and shall be done in advance of timber falling operations by an RPF or supervised designee.
"F" Residual or harvest tree marking within the WLPZ may be stipulated in the THP by the RPF or required by the Director in site-specific cases to ensure retention of filter strip properties or to maintain soil stability of the zone. The RPF shall state in the THP if marking was used in these zones.
"G" To protect water temperature, filter strip properties, upslope stability, and fish and wildlife values, at least 50% of the overstory and 50% of the understory canopy covering the ground and adjacent waters shall be left in a well distributed multi-storied stand composed of a diversity of species similar to that found before the start of operations. The residual overstory canopy shall be composed of at least 25% of the existing overstory conifers. Species composition may be adjusted consistent with the above standard to meet on-site conditions when agreed to in the THP by the RPF and the Director.
"H" At least 50 percent of the understory vegetation present before timber operations shall be left living and well distributed within the WLPZ to maintain soil stability. This percentage may be adjusted to meet on-site conditions when agreed to by the RPF and the Director. Unless required by the Director, this shall not be construed to prohibit broadcast burning with a project type burning permit for site preparation.
"I" To protect water temperature, filter strip properties, upslope stability, and fish and wildlife values, at least 50% of the total canopy covering the ground shall be left in a well distributed multi-storied stand configuration composed of a diversity of species similar to that found before the start of operations. The residual overstory canopy shall be composed of at least 25% of the existing overstory conifers. Due to variability in Class II watercourses these percentages and species composition may be adjusted to meet on-site conditions when agreed to by the RPF and the Director in the THP.
Note: Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 4513, 4551.5 and 21001(f), Public Resources Code; Sections 100, 13000 and 13050(f), Water Code; and 33 USC Section 1288(b)(2)(F).
s 936.6. Alternative Watercourse and Lake Protection.
(a) Alternative prescriptions for the protection of watercourses and lakes may be developed by the RPF or proposed by the Director on a site-specific basis provided the following conditions are complied with and the alternative prescriptions will achieve compliance with the standards set forth in 936.3 and 956.4(b):
(1) The following information regarding an alternative prescription shall be included in the THP:
(A) An identification of each standard prescription which would be replaced by the alternative prescription.
(B) An identification of any beneficial uses of water or other features listed in 14 CCR 936.4(b), which may be adversely affected by the replaced standard prescription and the alternative practice.
(C) An evaluation of any significant effects on such beneficial uses or features due to implementation of the alternative prescription.
(D) A clear and complete explanation and justification as to the reasons why, given site-specific technical, environmental, economic, or institutional considerations, an alternative prescription is needed. The reasons given must include at least one of the following:
1. Implementation of the specified standard prescriptions would not be feasible.
2. Implementation of the specified standard prescription(s) would not adequately prevent or reduce damage to the quality and beneficial uses of water.
3. Implementation of the proposed alternative prescription would provide equal or greater protection, including all proposed mitigations for the quality and beneficial uses of water and those features listed in 936.4(b), than would implementation of the specified standard prescriptions.
(E) A plan for evaluating the results of the proposed alternative practice by either the plan submitter or the Director. The plan must include the criteria and procedures for evaluating and inspecting each approved alternative practice.
(2) The alternative measures stated in the plan shall be written so that they provide clear, enforceable standards for the guidance of the timber operator.
(3) Prior to beginning or continuing an operation in which alternative measures have been added to an approved THP in regard to watercourse and lake protection measures, the timber operator shall acknowledge the new specifications by signing and filing with the director, a copy of the amended plan.
(b) The director shall not accept for inclusion in a THP alternative watercourse and lake protection measures which do not meet the standard of subsection (a) of this section. In the event that written comments received from two or more agencies listed in 4582.6 PRC and 14 CCR 1037.3 and which participated in review of the plan, including on-the-ground inspection, lead to the conclusion that the proposed alternative does not meet the criteria of Section 936.5, and is therefore not consistent with rules of the Board, the director shall reject the proposed alternative.
(c) Alternative practices stated in an approved THP shall have the same force and authority as those practices required by the standard rule.
Note: Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 4512, 4513 and 4551.5, Public Resources Code; and USC Section 1288(b)(2)(F).
s 936.7. Reduction of Soil Loss.
Within the watercourse and lake protection zone adjacent to Class I and Class II waters, areas where mineral soil exceeding 800 continuous square feet in size, exposed by timber operations, shall be treated for reduction of soil loss. Treatment shall be done prior to October 15th except that such bare areas created after October 15th shall be so treated within 10 days, or as agreed to by the director. Stabilization measures shall be included and explained in the THP or other required notices. Stabilization measures shall be selected that will prevent significant movement of soil into Class I and II waters and may include, but need not be limited to, mulching, rip-rapping, grass seeding, or chemical soil stabilizers.
(a) This section does not apply to the traveled surface of roads. Erosion control measures on road surfaces are specified in 14 CCR 943.
(b) Where mineral soil has been exposed by timber operations on approaches to watercourse crossings of Class I or II waters, or Class III waters if an ELZ or WLPZ is required, the disturbed area shall be stabilized to the extent necessary to prevent the discharge of soil into watercourses or lakes in amounts deleterious to the quality and beneficial uses of water.
(c) Where necessary to protect beneficial uses of water from timber operations, protection measures, such as seeding, mulching, or replanting, shall be specified to retain and improve the natural ability of the ground cover within the standard width of the WLPZ to filter sediment, minimize soil erosion, and stabilize banks of watercourses and lakes.
Note: Authority cited: Sections 4551, 4562.7 and 21000(g), Public Resources Code. Reference: Sections 4512, 4513, 4551.5, 4562.5 and 4562.7, Public Resources Code; 40 CFR 35.1505; and 33 USC Section 1288(b)(2)(F).
s 936.8. Sensitive Watersheds.
The Board, at a public hearing, shall determine whether nominated planning watersheds are "sensitive" to further timber operations. Classifications of a water shed as "sensitive" shall be supported by substantial evidence that a condition, or conditions, exist(s) where further timber operations within the planning watershed will create a reasonable potential to cause, or contribute to ongoing, significant adverse cumulative effect(s) on the resources identified in 916.8(a)(3) [936.8(a)(3), 956.8(a)(3)], and as set forth in Technical Rule Addendum No. 2 (14 CCR 912.9) [932.9, 952.9] and that mitigation of such significant cumulative effects requires the application of protection measures not required by the Forest Practice Rules. For all planning watersheds classified as "sensitive", the Board shall identify the specific resources which are sensitive to further timber operations and specific mitigation measures that will provide the necessary protection of the sensitive resource(s). A Board finding that a planning watershed is no longer sensitive shall be supported by substantial evidence that such conditions no longer exist. Unless and until a planning watershed(s) is classified as sensitive and any necessary rulemaking completed, the existing rules shall apply.
(a) Nomination process:
The Director, local, state, or federal agencies and the public may nominate planning watersheds to the Board and shall provide evidence supporting classification of the watershed as sensitive. The nominator shall discuss the effects that further timber operations will have on the specific resources identified in 14 CCR 916.8(a)(3) [936.8(a)(3), 956.8(a)(3)] which are at risk within the nominated watershed and specify those effects not sufficiently addressed under the forest practice rules and discuss the significance of the effects in light of the condition of the resources in areas adjacent to the planning watershed. Such nominations must be accompanied by the following information, descriptions, documents, or maps as appropriate:
1. Name, approximate size and location of the watershed(s) identified by county, township and range, and name(s) of USGS topographic map(s) on which the planning watershed is found.
2. The name of the higher-order stream, if any, to which the watershed is tributary.
3. Specific resources that are significantly threatened by further timber operations on non-federal timberland in the nominated watershed, including, as appropriate, but not limited to:
A. fish, aquatic organisms, aquatic habitat, or riparian habitat;
B. domestic and other water supplies, water quality, other beneficial uses of water existing at the time of nomination or factors related to the stream system and channel morphology.
C. downstream reservoirs, navigable channels, water diversion and transport facilities, estuaries, and harbors;
D. wildlife species, or the habitat of species, listed under state or federal law as rare, threatened or endangered, candidate, or sensitive, including discussion of the habitat features threatened by timber operations;
E. wildlife species with narrow geographic range, low density, low reproductive rates, and highly dependent on localized habitat features, including discussion of the habitat features threatened by timber operations and a discussion of why protective measures are required to prevent a loss of population viability.
4. Natural or management-induced conditions present in the watershed which pose a significant threat to the resources identified in 14 CCR 916.8(a)(3) [936.8(a)(3) and 956.8(a)(3)], above, including, as appropriate, but not limited to:
A. steep slopes and easily destabilized soils;
B. continuing landslide or soil erosion problems related to past or ongoing land-use activities;
C. extensive ground disturbance, particularly associated with roads, skid trails, landings, and watercourse crossings;
D. accelerated aggradation, streambank erosion, and channel scouring;
E. changes in the habitat or condition of wildlife species identified in 14 CCR 916.8(a)(3) [936.8(a)(3) and 956.8(a)(3)], above.
F. accelerated rates of proposed road construction or timber harvesting within a watershed or near streams or springs.
5. Approved Habitat Conservation Plans or other documents approved or under review by public agencies within the nominated watershed which provide for maintenance or improvement over time of management induced conditions within or adjacent to the planning watershed or forest district.
6. Suggested, feasible mitigation measures needed, in addition to current forest practice rules, to provide adequate protection for resources identified in 14 CCR 916.8(a)(3) [936.8(a)(3) and 956.8(a)(3)], above, and to mitigate or avoid new or continuing significant cumulative effects related to timber operations, including, but not limited to, restoration or rehabilitation of degraded resources within any portion of the proposed sensitive watershed.
7. Other information about the watershed that may assist the Board to evaluate the nomination.
8. Literature citations, expert written opinion, and other relevant sources of information and, where possible, copies of information used to complete the nomination.
9. A list of names and mailing addresses of the following:
A. landowners of 40 acres or more of lands zoned for timber production in the planning watershed;
B. public water purveyors and known private purveyors within the planning watershed;
C. commonly known watershed associations within the planning watershed;
D. commonly known neighborhood or community associations within the planning watershed;
E. chairman, county board of supervisors;
F. chairman, county planning commission;
G. local manager for any public agency having custodial responsibility for timberlands within the planning watershed; and
H. district or local representatives for review team agencies.
10. A draft notice for newspaper publication containing the information in (a)(1)-(3), a statement that a public hearing will be scheduled before the Board within 60 days of Board receipt of a nomination forwarded by the committee, and a statement that further information can be obtained from the local Department Ranger Unit Headquarters.
(b) Notice Process
The Board shall mail notice of the nominated watershed, as provided in (a)10, to the addresses of parties described in 9 A-H and shall publish the provided notice one time in a newspaper with general circulation in the county containing the planning watershed. Such notice shall be provided following a determination that information contained in the nomination meets the requirements of 14 CCR 916.8(a) [936.8(a) and 956.8(a)], above.
(c) Screening Process:
Before consideration by the Board, nominations shall be screened for compliance with the informational requirements by a nominations review committee, which may consist of the appropriate District Technical Advisory Committee or other Board Committee, as determined by the Board. The nominations review committee shall consult with CDF, the appropriate Regional Water Quality Control Board, the Department of Fish and Game, the Division of Mines and Geology, and other(s) as deemed necessary to determine whether the nomination is supported by substantial evidence. The nominations review committee shall then forward a recommendation for approval or denial of the nomination to the Board within 120 days of the date of receipt by the committee, or such longer time provided by the Board. The nominations review committee shall describe its specific reason(s) for recommending approval or denial of the nomination. In the event that the committee forwards a recommendation for approval, it shall describe the substantial evidence which supports nomination, including specific reasons why the current forest practice rules are inadequate to protect the specific resources at risk and shall provide the following information:
1. A list of which resource is threatened and by which timber operations;
2. if possible, performance standard(s) for timber operations that will avoid or mitigate new or continuing significant cumulative effects;
3. additional information that is needed for evaluating the impacts of proposed timber operations and is to be included in harvesting plans submitted in the planning watershed;
4. Onsite mitigation measures inaddition to the current forest practice rules, which can be required by the Director to mitigate the impacts of timber operations within the watershed; (continued)